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Raport złożony przez Kampanię Przeciw Homofobii w Komitecie Praw Człowieka ONZ
POLAND 2004
INDEPENDENT REPORT SUBMITTED TO
THE UNITED NATIONS HUMAN RIGHTS COMMITTEE
DICRIMINATION OF GAY, LESBIAN, BISEXUAL AND TRANSGENDER PEOPLE IN POLAND
Campaign Against Homophobia
Non-governmental organization
GENERAL COMMENTS
Discrimination based on sexual orientation has become a public issue after years of silence. Due to Poland's accession to the European Union, our country had to adopt provisions concerning prohibition and counteracting discrimination based on sexual orientation. Despite those legal changes, the real situation of gay, lesbian, bisexual and transgender people has not changed much. We express our concerns related to growing numbers of homophobic acts in every field - institutional, cultural, public and private. To our knowledge the Government has not taken proper actions to counteract discrimination based on sexual orientation.
Lack of national machinery for mainstreaming policies on sexual orientation
In 2001 the Government Plenipotentiary for Equal Status of Women and Men was created on the base of Regulation of Council of Ministers. In 2002 the Plenipotentiary got new obligations - counteracting discrimination based i.e. on sexual orientation. The Plenipotentiary is obliged to elaborate proposals of law establishing a central public administration office for counteracting discrimination and offering legal help for victims of discrimination. Unfortunately, two proposals of such acts were rejected by the Government - official explanation was that this was due to budget cuts.
Recommendations:
Establish a central public administration body based on legal acts (not on the regulation) which will ensure stability and independence for its work.
Articles 2, 6, 7, 9, 10, 14, 17, 18, 19, 21, 22, 23, 25, 27
Prohibition of discrimination is an essential principle for every society. In our opinion this general rule also contains the prohibition of discrimination based on sexual orientation, which is regarded as one of the most natural feature of human beings.
During the period covered by this report many acts of intolerance and discrimination against homosexuals took place.
Education
In Polish schools there is a significant lack of sexual education due to being replaced by so-called "Preparation for living in a family" inspired by the Roman Catholic religion. There are some school books officially recommended by the Ministry of Education which describe homosexuality as a perversion and illness. It stays in opposition to the human rights WHO standards.
Recommendations:
Provide children and adolescents with full access to sexual education and introduce non-ideological school education free from homophobia.
Health care
Institutions responsible for volunteers giving blood refuse homosexual men the right to be donors. The reason of rejection is regarding homosexuals as HIV risk group.
Recommendations:
Remove all discriminatory provisions and practices on the part of the health care system.
Right to a fair trial
There were some cases when prosecutors and courts rejected claims of homosexuals stating that they were discriminated against or offended as a group. The explanation of these rejections was that homosexuals are not a social group. Unfortunately, the Polish Ombudsman does not see any manifestations of discrimination of this group and does not undertake any action to combat discrimination of homosexuals.
Recommendations:
Sensitize prosecutors, judges and other law enforcement institutions to treat homosexuals as a group vulnerable to many forms of discrimination and treat homophobic violence as a serious crime, punishing it adequately.
Freedom of association
Local and governmental authorities often do not treat homophobia as a serious problem in Poland. Therefore, LGBT organizations face many difficulties concerning equal access to the public properties and services.
The biggest LGBT rights organization in Poland - Campaign Against Homophobia - gathering some hundred of members, does not have its office. The local authorities in Warsaw, which have an obligation to propose the proper office for the association keep refusing that right for this association abusing existing rights and regulations.
Right to peaceful demonstration
The "Equality Parade" - parade of LGBT people and their supporters, planned to take place on 11 June 2004, was banned by Warsaw's mayor Lech Kaczynski. The gay and lesbian demonstration was said to be "sexually obscene" and a "danger to the public morality". He said the demonstration's objective was to spread pornography and to hurt others' religious feelings.
There were also attempts to ban the "March for Tolerance", which took place in Cracow in May 2004.
Discrimination at the workplace
According to survey done by the biggest Polish LGBT (Lesbian, Gay, Bisexual, Transgender) NGOs - Campaign Against Homophobia and Lambda Warsaw, 8% of homosexuals felt discriminated against at the workplace but most of the surveyed people did not reveal their sexual orientation at work.
Recommendations:
Eliminate discriminatory practices towards LGBT people at workplace.
Violence
Physical and psychological violence against homosexual people are the most visible cases of discrimination. Currently there is growing number of attacks on LGBT people by radical right wing political groups, especially by All-Poles Youth (Mlodziez Wszechpolska) affiliated to League of Polish Families party.
The March for Tolerance which was held in Cracow in May 2004 was attacked by right wing political groups led by member of the Polish parliament (representative of League of Polish Families party) and local authorities. The march, which was planned to support rights of LGBT people gathered around 3000 people. They were pelted with firecrackers, eggs, bottles and rocks by around 300 counter-demonstrators. Police prevention was not protecting from the attacks. As a result some people were injured.
Recommendations:
Introduce the institution of "hate crime" to the Polish legal system.
Police
On the basis of the results obtained from surveys done by LGBT NGOs it is obvious that due to the reasons for not notifying the Police about cases of physical and psychological violence, as well as the reactions or actions undertaken by appropriate services, one can draw a conclusion that homosexual people can not trust the organs of security.
In 2003 a gay couple was arrested by Police in the center of Warsaw because they were kissing. The reason of arrest was "obscenity".
Currently, it is visible that Police are not enough prepared for protecting legal demonstrations of homosexuals which lead to dangerous situations where riots take place.
The above-mentioned peaceful march of people demonstrating against homophobia in Cracow was attacked by 300 protesters armed with stones. The Police did not secure the sufficient protection. Some marchers were injured and one policemen had to be treated for severe burns to his face after being attacked with acid.
Recommendations:
Provide Police workshops and trainings concerning stereotypes and homophobia. Sensitize Police to treat homophobic crimes as serious crimes.
More information can be received from:
Robert Biedroń
President
Campaign Against Homophobia/Kampania Przeciw Homofobii
ul. Nowolipie 13/15
00-150 Warszawa
Poland
Phone: + 48 22 423 64 38
Fax: + 48 22 624 89 63
E-mail: info@kampania.org.pl
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